Temporary Restraining Order filing are increasing in Connecticut.
Some useful distinctions. People often use the terms “restraining order and protective order” interchangeably. In fact, they differ fundamentally.
A protective order is issued by a criminal court as part of a pending criminal case. It expires once the case is disposed.
A Restraining Order is issued by the Family Court and can be extended in increments of six months as circumstances warrant. A restraining order requires a judge to find that a family or household member has subjected to a continuous threat of present physical pain or physical injury by another family or household member or by someone with whom they are currently or recently have been in dating relationship with.
A Temporary Restraining Order occurs when the person seeking protection files the initial Application along with an Affidavit setting forth why they need protection right now and cannot wait for the court to schedule a hearing. If the judge agrees, then the Restraining Order is issued immediately and a court date scheduled in 14 days to determine whether the order should be continued up to one year.
The article below outlines in general terms how the application process works. I agree with the premise in the article that there has been an increase in the filing of restraining orders – particularly borderline frivolous filings. Worse yet, is the scenario where an applicant involved in a divorce case files a bogus restraining order in an attempt to obtain custody of a child.
Read the article here:
Requests for temporary restraining orders on the rise – Connecticut Post
I help people concerning a Temporary Restraining Order throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 today schedule a consultation.